The structure of the Estonian state is very broad, there are a large number of different ministries, agencies, officials, local governments, etc. (common denominator: “public sector”). All of them are given very broad powers by law in the performance of their duties (or they have assumed some rights themselves - however, by law). Officials may start to restrict the economic activities of persons, impose restrictions, impose penalties, etc.
Administrative procedure is divided into four main forms of activity: administrative act, regulation, administrative contract and act.
Examples of administrative proceedings are the following situations: 1) a building permit is issued for a construction work, a use permit is issued or a precept is issued to the builder; 2) the tax authority determines the amount of tax, makes a decision on liability or a decision on deferral; 3) the Consumer Protection and Technical Surveillance Authority issues a precept to a trader or places the trader on a so-called black list; 4) The Data Protection Inspectorate shall issue a precept-warning stating that any processing of personal data harmful to a specific natural person must be terminated, including the disclosure of personal photographs on a network link, etc.
However, there may also be an administrative proceeding if a person requests that the local government issue a certain administrative act (do or decide something), but the rural municipality government refuses to do so and the person has to file a challenge or go to court instead.
Pursuant to § 1 of the Administrative Procedure Act (HMS), this Act is aimed at ensuring the protection of the rights of a person by creating a uniform procedure for administrative proceedings that enables the participation and judicial control of a person. Protecting rights is therefore a key objective of the HMS.
In relations with an administrative body (eg a state agency or a rural municipality government), it must be taken into account that, in principle, all activities of this body directed at a non-administrative person (eg you) are administrative proceedings and the principles of administrative procedures apply. However, in one case, several parallel administrative proceedings may take place and one administrative procedure may grow out of the other.
We can help if you need:
• Representation in administrative proceedings, eg when it is necessary to prepare a response to an administrative body;
• You want to contest the activities of an administrative body (eg state agency, local government), eg your application has been rejected or refused;
• You want to file a challenge to annul the administrative act or to terminate the administrative act and eliminate the consequences;
• You want to submit a request for information, a memorandum, a request for clarification, a collective appeal or another statement to the administrative authority.
We also represent in matters concerning the civil service, as these matters also fall within the scope of administrative law and procedure.